•
A more creative and constructive approach on the part of the administration, the
judiciary and National Human Rights Institutions will prove significant in
implementation, enforcement and enactment of laws and also in measures for the
protection of the victims of trafficking as discussed in the next recommendation.
4. PROTECTION OF VICTIMS
•
Enforcement is not the only object of trafficking laws and conventions – the
victims (trafficked persons) can never be lost sight of. Any measures that are
introduced to combat trafficking must take into account the securing and
promoting of the human rights of trafficked persons, and must take care of their
protection and welfare including healthcare, education and vocational training.
Victims should not be revictimised. The wishes of adult victims of trafficking
must be respected and any measures must take account of a woman’s right to self
determination.
•
There is much evidence in the region of significant work being done by a variety
of NGOs who, whether acting either independently or in co-ordination with State
or United Nations Agencies, have been able to provide important protection and
support to trafficked persons. We would encourage coordination between NGOs,
National Human Rights Institutions, the APF and the United Nations on this issue.
•
National Human Rights Institutions and the APF could instigate a process to
ensure that States implement the protection of victim’s rights, as articulated in the
Trafficking Protocol (see Article 6) and the United Nations Recommended
Principles and Guidelines on Human Rights and Human Trafficking (see
Recommended Principles 7 – 11 and Guideline 6). Member institutions and the
APF could also, in coordination with NGOs and other agencies, encourage States
to move towards amending the Trafficking Protocol so that it incorporates a
stronger human rights focus.
5. RESEARCH AND POLICY MAKING
•
Sound legislative and administrative procedures depend upon a foundation of
accurate research and data collection.
•
National Human Rights Institutions and the APF are uniquely placed to encourage
and facilitate research and analysis of trafficking and its related issues.
•
An example is an action research project on trafficking in women and children in
India, currently carried out by the National Human Rights Commission of India.
This project is being supported by the United Nations Development Fund for
Women (UNIFEM) and is executed by an NGO (Institute of Social Sciences,
New Delhi). The main focus of the action research is to ascertain and analyse
trends, dimensions, factors and responses related to trafficking in women and
children in India. When completed, this project will, it is expected, help to
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